Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Notices 30989 

of International Trade that the July 1999 

action terminated as a matter of law on 

July 29, 2007. See Gilda Industries, Inc. 

v. United States, 622 F.3d 1358 (Fed. 

Cir. 2010). 

In March 2011, Canada and the EU 

entered into an MOU in connection 

with the EC-Beef Hormones dispute, in 

which Canada was a co-complainant 

with the United States. The Canada-EU 

MOU provides for additional amounts 

in the TRQ specified in the U.S.-EU 

MOU: 1,500 metric tons in the first 

phase, and 3,200 metric tons in a 

possible second phase starting in 

August 2012. 

For additional background concerning 

the EC-Beef Hormones WTO dispute, 

the additional duties imposed in 

connection with the dispute, and the 

May 2009 MOU, see 64 FR 40638 (July 

27, 1999), 73 FR 66066 (Nov. 6, 2008); 

74 FR 4265 (Jan. 23, 2009), 74 FR 11613 

(March 18, 2009), 74 FR 12402 (March 

24, 2009), 74 FR 19263 (April 28, 2009), 

74 FR 22626 (May 13, 2009), 74 FR 

40864 (August 13, 2009); and 74 FR 

48808 (September 24, 2009), as well as 

the WTO Web site (http://www.wto.org) 

under dispute numbers DS26 and DS48. 

B. Termination of the Remaining 

Additional Duties 

As a result of the decision of the U.S. 

Court of Appeals for the Federal Circuit, 

the Trade Representative has decided to 

terminate the additional duties imposed 

in connection with the EC-Beef 

Hormones dispute, effective with 

respect to (a) products that are entered, 

or withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice, (b) products 

that were entered, or withdrawn from 

warehouse, for consumption after July 

29, 2007 where the entry is unliquidated 

on the date of publication of this notice, 

and (c) products that were entered, or 

withdrawn from warehouse, for 

consumption after July 29, 2007, where 

the liquidation of the entry is not final. 

In particular: 

(i) The imposition of 100 percent ad 

valorem duties as provided in 

subheadings 9903.02.21, 9903.02.22, 

9903.02.23, 9903.02.24, 9903.02.25, 

9903.02.26, 9903.02.27, 9903.02.28, 

9903.02.29, 9903.02.30, 9903.02.32, 

9903.02.34, 9903.02.43, 9903.02.44, 

9903.02.45, and 9903.02.46 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS) is terminated 

with respect to (a) Products that are 

entered, or withdrawn from warehouse, 

for consumption on or after the date of 

publication of this notice, (b) 

unliquidated entries made prior to the 

date of publication of this notice that 

were entered, or withdrawn from 

warehouse, for consumption after July 

29, 2007, and (c) products that were 

entered, or withdrawn from warehouse, 

for consumption after July 29, 2007, 

where the liquidation of the entry is not 

final; 

(ii) The imposition of 100 percent ad 

valorem duties as provided in 

subheading 9903.02.83 of the HTSUS is 

terminated with respect to (a) products 

that are entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication of this notice, (b) 

unliquidated entries made prior to the 

date of publication of this notice that 

were entered, or withdrawn from 

warehouse, for consumption on or after 

March 23, 2009, and (c) products that 

were entered, or withdrawn from 

warehouse, for consumption on or after 

March 23, 2009, where the liquidation 

of the entry is not final; 

(iii) The imposition of 100 percent ad 

valorem duties as provided in 

subheadings 9903.02.31, 9903.02.33, 

9903.02.35, 9903.02.36, 9903.02.37, 

9903.02.38, 9903.02.39, 9903.02.40, 

9903.02.41, 9903.02.42, and 9903.02.47 

of the HTSUS is terminated with respect 

to (a) unliquidated entries made after 

July 29, 2007 and before March 23, 

2009, and (b) products that were 

entered, or withdrawn from warehouse, 

for consumption after July 29, 2007 and 

before March 23, 2009 where the 

liquidation of the entry is not final; 

(iv) The above-listed subheadings, 

along with any associated superior 

headings or subheadings, are deleted 

from the HTSUS, effective on the date 

of publication of this notice; and 

(v) As of the date of publication of 

this notice, products in subheadings 

9903.02.21, 9903.02.22, 9903.02.23, 

9903.02.24, 9903.02.25, 9903.02.26, 

9903.02.27, 9903.02.28, 9903.02.29, 

9903.02.30, 9903.02.32, 9903.02.34, 

9903.02.43, 9903.02.44, 9903.02.45, 

9903.02.46 and 9903.02.83 of the 

HTSUS that are entered into a Foreign 

Trade Zone no longer must be admitted 

in ‘‘privileged foreign status,’’ as 

defined in 19 C.F.R. 146.41. 

C. Continued Monitoring and 

Implementation of the MOU 

Until the entry into force of the 

possible second phase of the MOU in 

August 2012, the United States retains 

the right under the MOU to impose 

additional duties on the reduced list of 

products subject to additional duties 

after March 23, 2009 (reprinted in the 

Annex of the notice published on 

September 24, 2009). The United States 

also continues to have an authorization 

from the WTO DSB to suspend 

concessions on EU products in the 

amount of $116.8 million per year. At 

this time, however, the MOU is 

operating successfully by providing 

increased market access to U.S. beef 

producers. In light of the currently 

successful implementation of the MOU, 

the fact that all additional duties would 

have to be removed in August 2012 

under a possible second phase of the 

MOU, and to encourage continued 

cooperation under the MOU, the Trade 

Representative has determined not to 

take steps at this time to exercise U.S. 

rights to impose additional duties on EU 

products in connection with the EC-Beef 

Hormones dispute. 

The Trade Representative will 

continue to monitor EU implementation 

of the MOU and other developments 

affecting market access for U.S. beef 

products. If implementation of the MOU 

and other developments do not proceed 

as contemplated, the Trade 

Representative will proceed to consider 

additional actions under Section 301 of 

the Trade Act. 

William Busis, 

Chair, Section 301 Committee. 

[FR Doc. 2011–13282 Filed 5–26–11; 8:45 am] 

BILLING CODE 3190–W1–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Aviation Proceedings, Agreements 

Filed the Week Ending April 30, 2011 

The following Agreements were filed 

with the Department of Transportation 

under the Sections 412 and 414 of the 

Federal Aviation Act, as amended (49 

U.S.C. 1382 and 1384) and procedures 

governing proceedings to enforce these 

provisions. Answers may be filed within 

21 days after the filing of the 

application. 

Docket Number: DOT–OST–2011– 

0087. 

Date Filed: April 27, 2011. 

Parties: Members of the International 

Air Transport Association. 

Subject: CSC/33/Meet/009/2011 dated 

21 April 2011, Expedited Finally, 

Adopted Resolution 621, 681 and 

Recommended Practice 1665, Intended 

effective date: 1 October 2011. 

Renee V. Wright, 

Program Manager, Docket Operations, 

Federal Register Liaison. 

[FR Doc. 2011–13182 Filed 5–26–11; 8:45 am] 

BILLING CODE 4910–9XP 


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